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KOBEL v. NIAGARA MOHAWK POWER CORPORATION

CA 10-02255.

83 A.D.3d 1435 (2011)

920 N.Y.S.2d 557

TIMOTHY M. KOBEL et al., Respondents, v. NIAGARA MOHAWK POWER CORPORATION, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided April 1, 2011.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of defendant Niagara Mohawk Power Corporation in part and dismissing the Labor Law § 241 (6) claim against it insofar as that claim is based upon the alleged violation of 12 NYCRR 23-1.7 (b) (1) and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this Labor Law and common-law negligence action seeking damages for injuries...

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